Appeal Dismissed: Midwest Property Ltd. v. Pare, 2024 ONSC 806
Tenant's appeal dismissed for delay, upholding eviction order in Ontario rental dispute
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Unit ****, 658 The Queensway, Etobicoke, ON M8Y1K7
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Tenancy End Date
Mar 2023
Hearing Date
Feb 2024
Order Date
Feb 6, 2024
Dispute Summary
Tenant appealed a Landlord and Tenant Board decision that terminated the tenancy and ordered eviction. The tenant sought a review of the Board's decision, which was denied. The tenant then appealed to the Divisional Court but failed to perfect the appeal within the agreed-upon schedule. The landlord filed a motion to dismiss the appeal for delay, which was granted by the court.
Determinations
- Tenant failed to perfect appeal within agreed-upon schedule
- Tenant did not seek extension or provide explanation for delay
- Tenant did not respond to landlord's motion to dismiss
- Unexplained delay of more than three months
Case Study
The court dismissed the tenant's appeal for delay based on the tenant's failure to perfect the appeal within the agreed-upon schedule and lack of response to the landlord's motion to dismiss. The court applied Rule 61.13(3.1) of the Rules of Civil Procedure by analogy, which allows for dismissal of an appeal for delay when the appellant fails to perfect the appeal within the prescribed time.
Arguments and Actions
Landlord
Arguments
Landlord argued for dismissal of the appeal due to tenant's delay in perfecting the appeal.
Actions
Landlord served notice to end tenancy on March 16, 2022. Landlord filed for an eviction order when tenant did not vacate. Landlord filed a motion to dismiss the appeal for delay on December 13, 2023.
Tenant
Arguments
Tenant argued that he had not been reasonably able to participate in the hearing before Member Kovats.
Actions
Tenant did not vacate the unit by the deadline in the notice. Tenant sought a review of the Board's decision. Tenant appealed to the Divisional Court but failed to perfect the appeal within the agreed-upon schedule.
Procedural Errors
Tenant failed to perfect the appeal within the agreed-upon schedule and did not respond to the landlord's motion to dismiss.
Aggravating Factors
Tenant failed to perfect appeal within agreed-upon schedule and did not respond to landlord's motion to dismiss.
Decision Summary
The Divisional Court dismissed the tenant's appeal for delay due to the tenant's failure to perfect the appeal within the agreed-upon schedule and lack of response to the landlord's motion to dismiss. This decision upholds the Landlord and Tenant Board's order terminating the tenancy and requiring the tenant to vacate the unit.
Adjudicator Details
Divisional Court
Total Orders
17
Landlord Favorable
76.5%
Tenant Favorable
11.8%
Mutual Agreement
11.8%
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